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The Ala Code states that the legal adult age is 19 for contractual purposes. The code also states that minors 14 and up may sign a consent for adoption. I was told by the judge that a minor can not have a TPR for abandonment (although not all judges share this view - many do) and that they can claim duress based on their age, which gives them an extra 12 months to file for reversal. Further, when a minor contests (according to this judge) - no matter how long it has been - if the adoption has not been finalized then any contest is accepted. Afterward, when an adoption is "finalized" - they have another year. Now, the Ala code supports this if the judge chooses to interpret it as such.
For example, in my case the birthmom signed a consent 14 months after the birth (we took my son home from the hospital). Then 8 months later signed a withdrawal of consent. Then we signed an "Agreement" for visitation for which contractually she can not be held accountable, but we are. She then used this to turn immediately around and file fraud charges and a motion for rescisson of the adoption. Because she is a minor - or because the judge showed bias - or whatever reason - she was able keep the motion for rescission open indefinitely. That is the short complicated version of how our adoption remains pending even though it was "finalized" and my son is now four. So even though she has not utilized her visitation, and has never even asked how he is doing, she is able to bring us back into court at her will even now. Further, she used the visitation "Agreement" to file against us a second time - that one was finally heard in court and while we "won" the motion for dependency, the judge then turned around and signed and filed a fake court order stating in places the opposite of what actually transpired in the courtroom, opening up the door for further legal action against us.
I know this is a long and rather complicated answer to your question. Basically, it took the following: 1) a minor birth parent 2) a judge who is highly biased towards minors 3) she received free legal aid (5 - yes, five, free lawyers while she was in juvy) and 4) a code of law which allowed much of this.
I was one who always said "It can't happen to me." I was sure that sort of thing could never happen to us - it is too bizarre to imagine. But if it could happen here then it could happen in "anywhere, U.S.A". There are many people who have suffered through crazy things like this, which is why we have this forum.
This is also why I insist we need National Laws on adoption, with the first premise being what is in the best interest of the child. Even though we have a "finalized" adoption - we also have a legally tenuous adoption due to the numerous motions, and the motion which remains pending to rescind the adoption.
All because she was (and still is) a minor.
Please don't say "It can't happen to me." It can, and it does.
I hope this helps answer your question.
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